NEW DELHI: Supreme Court Bar Association president Dushyant Dave on Wednesday questioned the top court’s decision to grant bail to all accused in the Sohrabuddin fake encounter case, and also former Gujarat minister Maya Kodnani, who was convicted for the murder of 70 people during the 2002 Gujarat riots.

A bench comprising Justices JS Khehar, Jasti Chelameswar, Madan B Lokur, Kurian Joseph and Adarsh Kumar Goel is hearing petitions challenging the constitutional validity of the National Judicial Commission Act (NJAC), which they claim will erode judicial independence.Dave was responding to Justice Kurian Joseph’s contention that if the collegium system had not worked, a part of the blame lay with the government for not doing its due diligence on a candidate’s integrity. Continuing his .. Continuing his arguments in support of the NJAC, Dave rejected Justice Kurian’s suggestion saying that every government would want pliable judges.”The executive wants a weak, pliable judiciary. Lack of integrity suits the executive, which knows how to manipulate them,” he said. Dave then turned to how the collegium had failed in choosing the best in “ethical behavior and personal conduct”.

Throwing his weight behind the NJAC, he said that the system of selection did not matter .. as long as the person had integrity and was not amenable after he was made a judge. He, however, faulted the top court for failing to address the concerns of civil society and that of ordinary citizens.

“Every accused in the Sohrabuddin case gets bail, but poor Teesta (activist Teesta Setalvad) has to run from pillar to post. In all the Gujarat riot cases, those accused of murder get acquitted. The state does not appeal. This court gave bail to Maya Kodnani who was convicted for the m .All this would have to be kept in mind during selection of a judge, he said. “Once when a man gets power, will he be amenable to power or will he remember his oath?”

Justice Joseph sought to know if the NJAC would guarantee this. Dave said there can be no guarantees, but at least there will be consultations and transparency, which were an improvement over the collegium system. “Any inroad into judicial independence has to be serious, not imaginary,” he said.
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